Maintenance
Maintenance in the context of family law refers to the financial support that one spouse is required to provide to the other, typically after separation or divorce, to ensure that the dependent spouse can maintain a reasonable standard of living. In India, maintenance can be claimed by either spouse, although it is more commonly awarded to the wife.
Legal Provisions for Maintenance in India:
Section 125 of the Criminal Procedure Code (CrPC): This is a secular law that applies to people of all religions. Under this provision, a wife (including a divorced wife), child, or parents can claim maintenance if they are unable to maintain themselves. A husband is required to provide financial support if his wife is not able to support herself. The objective is to prevent destitution and ensure basic sustenance.Key points:Maintenance can be claimed by the wife, minor children, or dependent parents.
It provides for monthly maintenance as determined by the court based on the husband’s income and the needs of the dependents.
The amount is decided by considering the husband’s financial capacity and the standard of living the wife was accustomed to during the marriage.
Hindu Marriage Act, 1955: Section 24 of the Hindu Marriage Act provides for interim maintenance during the pendency of divorce or separation proceedings. Either spouse (commonly the wife) can claim maintenance to cover expenses while the case is ongoing. Section 25 provides for permanent alimony after the divorce, where the court may grant a lump sum or periodic payments based on the circumstances.
The Hindu Adoption and Maintenance Act, 1956: This act allows a wife to claim maintenance from her husband during the subsistence of the marriage. It also covers maintenance obligations toward children and aged or infirm parents.
The Muslim Women (Protection of Rights on Divorce) Act, 1986: This act governs maintenance for divorced Muslim women. Under this law, a Muslim woman can claim maintenance during the iddat period (a waiting period after divorce). Additionally, the Supreme Court of India, in the landmark case of Shah Bano, ruled that Muslim women can also claim maintenance under Section 125 of the CrPC if they cannot maintain themselves after the iddat period.
The Special Marriage Act, 1954: Similar to the Hindu Marriage Act, this act allows for maintenance to be claimed during divorce proceedings and for permanent alimony after the dissolution of marriage, irrespective of the religious affiliation of the parties.
Indian Divorce Act, 1869 (for Christians): Under this act, Christian women can seek maintenance from their husbands after divorce. The court can grant permanent alimony and maintenance, either as a lump sum or as regular payments.
Parsi Marriage and Divorce Act, 1936: This act provides for maintenance to be granted to either spouse upon divorce. Maintenance may be paid in regular installments or as a lump sum.
Key Factors Considered by Courts:
When determining the amount of maintenance, the court considers:
The earning capacity of the husband.
The needs and financial condition of the wife.
The lifestyle the couple enjoyed during the marriage.
The number of dependents involved, including children.
The health and age of both parties.
Types of Maintenance:
Interim Maintenance: Financial support provided during the court proceedings, before the final judgment.
Permanent Maintenance (Alimony): A lump sum or monthly/periodic payments ordered by the court after the divorce or separation is finalized.
Child Maintenance: Financial support for the upbringing and education of children.
Maintenance ensures that a dependent spouse, often the wife, and children are not left without financial means after separation or divorce. It is a way to provide economic justice and uphold the dignity of the dependent parties.